SRC-LBB, TAG S.B. 825 78(R)BILL ANALYSIS Senate Research CenterS.B. 825 By: Whitmire Criminal Justice 8/24/2003 Enrolled DIGEST AND PURPOSE Currently, it is a criminal offense for a health care provider to engage in non-consensual sex with a person in the provider's care or with a patient. S.B. 825 makes it a criminal offense for an employee of certain facilities to engage in sex with a resident of the facility. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subsection (b), Penal Code, to provide that a sexual assault is without the consent of the other person if the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2 (The Marriage Relationship), Family Code. Makes nonsubstantive changes. SECTION 2. Amends Subsection (c), Penal Code, by adding Subdivision (5), to define "employee of a facility." SECTION 3. Effective date: September 1, 2003. Makes application of this Act prospective.